Law Commons^™

Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper

Georgia Journal of International & Comparative Law

No abstract provided.

Triumph Of The Space Commons: Addressing The Impending Space Debris Crisis Without An International Treaty, Joseph Kurt

William & Mary Environmental Law and Policy Review

No abstract provided.

Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

William & Mary Law Review

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …

Recent Developments In Aerial Hijacking: The Issue Of Liability, Lee S. Kreindler

Akron Law Review

"My part of the program insofar as hijacking is concerned is, as you might expect, the liability part of the program. I have been asked to discuss who is liable, if anybody, in hijacking incidents."

Recent Developments In Aerial Hijacking: The Role Of International Negotiation, Robert P. Boyle

Akron Law Review

I WOULD LIKE TO COMMENT on what Mr. McPherson has said from two different points of view. In the first place, I would like to talk about the development of air law, international air law, through the treaties he has mentioned. I would also like to talk a little bit about the fact that the air law problem is one with a minor exception referred to in the Montreal Sabotage Agreement,' which really takes account of what you do with the hijacker after the hijacking has occurred, and you have him in your clutches. It does not talk too much …

Recent Developments In Aerial Hijacking: An Overview, Ian E. Mcpherson

Akron Law Review

"Although this part of the symposium has been entitled 'Recent Developments in Aerial Hijacking',I feel that it might be useful if we had a brief refresher on the development of the international law relating to this subject."

A Response To Lee Kreindler, Robert P. Boyle

Akron Law Review

"...the claimant does not necessarily suffer all the disadvantages Lee Kreindler notes and that there are real compensatory advantages to the international passenger under the Guatemala Protocol system."

Prefatory Remarks To The International Law Symposium On The Guatemala Protocol And Recent Developments In Aerial Hijacking, Hamilton Desaussure

Akron Law Review

The Am Law Symposium recorded in this edition of the Akron Law Review covers two topics: The Guatemala Protocol of 1971, and Aerial Hijacking. The Guatemala Protocol places a higher limit on liability of air carriers where a passenger on board a scheduled international air flight is killed or injured. Recently a New York judge ruled a hijacking incident an "accident" within the meaning of the Warsaw Convention.' It has also been ruled that mental suffering alone may be compensable under Article 17 of that Convention.

The Federal Tort Claims Act - Absolute Liability, The Discretionary Function Exception, Sonic Booms; Laird V. Nelms, Daniel Wallen

Akron Law Review

[A]lthough the legislative history of the FTCA lends great support for the argument that the doctrine of absolute liability is an acceptable theory to employ to seek recovery under the FTCA, the Supreme Court has chosen to rely on the Dalehite decision and completely overlook later Supreme Court interpretations. The legislative history of the FTCA also indicates that the discretionary function exception must always be confronted, regardless of the theory one proceeds under to seek recovery.

Implementation Of Regulatory Reforms: Some Thoughts On A Rationale Approach To Improving Operations Of The Supplemental Airline Industry, Ralph Ditano

Akron Law Review

THE UNITED STATES supplemental air carriers' trace their origin to the mid-nineteen forties when as nonscheduled carriers they operated largely under exemptions to the Civil Aeronautics Act of 1938,1 which were granted by the Civil Aeronautics Board (CAB).' In 1962, Congress amended the Federal Aviation Act of 1958" to provide for permanent legitimacy of supplemental air carriers under regulations requiring certificates of public convenience and necessity from the CAB.5 There are currently eight certificated United States supplemental air carriers, one of which is nonoperational;6 each is authorized to engage in both domestic and international charter operations.'Since their very inception, the …

Economic Regulation And Public Investment In Transportation Facilities, C. Budd Faught

Akron Law Review

AIR TRANSPORTATION now serves as a primary method of intrastate, interstate, and international carrier movement, offering speed and efficiency to both the individual consumer and the commercial shipper. While the particular subject to be pursued concerns the impact of governmental regulation upon air transportation, it is quite clear that air transportation does not exist in a vacuum, but rather is only one of the many methods of transportation currently available. As such, it occupies a position on the spectrum of the national transportation system together with each of the other transportation sectors. Governmental regulation of any one of these particular …

Deregulation Of The United States Of Government Regulation Of Domestic Civil Aviation Seen In Light Of The Overall Structure Of Internatinal Civil Aviation, Peter P.C. Haanappel

Akron Law Review

THE PRIMARY aim of this article is focused on a published report subJmitted by a specially appointed staff of the Civil Aeronautics Board (CAB) in July, 1975. The Report examined the necessity of, and submitted certain detailed proposals for, regulatory reform of the United States system of governmental regulation of domestic civil aviation. Some of these regulatory proposals have taken the form of legislation submitted to Congress by President Gerald Ford.' When one considers the impact of the CAB special staff Report on the overall structure of international civil aviation, it should be kept in mind that the report, in …

Deregulation Of Air Transportation Under The Aviation Act Of 1975, David A. Heymsfeld

Akron Law Review

The objective of this article is to analyze where we are after more than a year of intensive analysis and debate, with particular focus on the issues raised by the Aviation Act of 1975. What are the main contentions of the supporters and opponents of deregulation? What is the main evidence supporting these contentions? Are there areas in which further study appears desirable?

I will consider three main areas: the effect of deregulation on the price of services, the effect on the quality of services, and the effect on industry stability. Several disclaimers are needed. My analysis will of necessity …

Some Plain Talk About Airlines And Regulations, James E. Landry

Akron Law Review

ANY regulatory framework influencing something as vast and important as this country's scheduled airline system should be the subject of continuing review. Even a good regulatory framework can be improved through intelligent reassessment, and there are some significant modifications that can and should be made in light of the economic impact of regulation of the airlines. Yet, any discussion of such regulation or the merits of attempts to modify the existing regulatory framework through legislative proposal cannot be viewed entirely in the abstract. Rather, emphasis must carefully be directed toward the results of the actual or anticipated regulatory changes on …

The American Airlines Industry And The Necessity Of Deregulation, Edward M. Kennedy

Akron Law Review

AS THE CHAIRMAN of the the United States' Senate Subcommittee on Administrative Practice, I have had the opportunity in recent months to observe and review in great detail the practices and procedures utilized by the Civil Aeronautics Board (CAB) in its regulation and control of the varied aspects of the American airlines industry. During the preceeding 18 months, the Subcommittee's oversight of the operations of the CAB has been extremely comprehensive consisting of 10 days of public hearings in which 72 witnesses were called to testify before the Subcommittee. Extensive questionnaires directed to each of the individual airlines and the …

The Impact Of Governmental Regulation On Air Transportation, Hamilton Desaussure

Akron Law Review

THE FOURTH ANNUAL International Law Symposium held at the University of Akron on November 13 and 14, 1975, concerning the impact of governmental regulation on air transportation, presented the issue of whether too much regulation of the domestic airline industry exists, and if so, how such regulation can be curtailed without diminishing route stability or damaging the public interest in a broad, well-integrated air transport network. This subject is of great importance to the traveling public. It is an issue which has drawn the particular attention of Congress.

Nuclear Powered Satellites: The U.S.S.R. Cosmos 954 And The Canadian Claim, Eilene Galloway

Akron Law Review

“On January 24, 1978 the Soviet satellite, Cosmos 954, fell from outer space and entered Canada's airspace. The component parts of this nuclear powered satellite disintegrated and scattered radioactive debris over northwest Canada in an area the size of Austria. Fear of a nuclear explosion and unknown hazards to the environment evoked worldwide alarm. This incident set in motion a variety of studies analyzing one of the most unique multidisciplinary problems created by the use and exploration of outer space. These continuing studies of nuclear power for satellites will lead to decisions of global significance. There is an opportunity to …

Military Use Of The Space Shuttle, Walter D. Reed, Robert W. Norris

Akron Law Review

There is little doubt that the Space Shuttle will provide a "quantum jump" in man's activity in space. It will provide the means to make the transition from primarily machine-oriented space activities to man-orientated activities. Man's activities will move from exploratory to exploitative. The purpose of this article is to examine the military aspects of this transition in the context of the legal regime of outer space that has evolved in the more than two decades since the orbiting of Sputnik I. Is the prospect of increased military activities and capabilities compatible with this regime or conversely, does the legal …

International Law And Military Activities In Outer Space, Robert L. Bridge

Akron Law Review

The object of this review is to establish definitively the legal constraints which currently apply to military activities in space. Research has disclosed no single reference less than eight years old which examines all the issues to be discussed here. A great flurry of scholarly legal writing attended the launching of the Russian Sputnik in 1957, but comparatively little has been written since the late 1960's. Thus, much of the source material cited here is ten to fifteen years old.

Sts - Legal Connotations, Martin Menter

Akron Law Review

Fragile man, tailored to his planet Earth, having demonstrated in Apollo missions that he can overcome hazards of travel to the moon and return, and in Skylab and Soyuz missions that he can live in the weightlessness of space for an appreciable period of time during which he can maintain an experimental space laboratory, is about to embark in the Space Shuttle on ventures that will truly comprise another giant step for mankind.

Current Status Of Nasa Space Shuttle Regulations, George Paul Sloup

Akron Law Review

The remainder of this article will list these new Shuttle regulations, both final and pending, and provide a very brief explanation of their purpose. Critical analysis and evaluation of these regulations, however, is outside the scope of this article.

Some Aspects Of Third Party Liability In Space Shuttle Operations, Theodore E. Wolcott

Akron Law Review

It is not my intention to make a clause by clause analysis of the Space Liability Convention or treaties related thereto, an undertaking already effectively performed by others. The series of postponements of the Shuttle launch has left the initial takeoff date uncertain, thus enhancing the academic aura of this paper. Insofar as presently may seem feasible, the primary concern herein is from the point of view of a practicing American lawyer.

Private Management And Operation Of The Space Shuttle: Some Legal Problems Related To Market Entry, George S. Robinson

Akron Law Review

Most of the private enterprise constituency interested in participating in the commercial exploitation of near and deep space will be subject to a multitude of new laws and entire legal regimes, ranging in scope from public and private international law to domestic legislation, implementing regulations and, even the old and new anti-trust laws. The majority of the interested business community has no idea that an amalgam of specific legal principles and regimes already exists of sufficient distinction to be called "space law."

The New Era In Outer Space, Hamilton Desaussure

Akron Law Review

In a speech given at the Kennedy Space Center October, 1978, President Carter noted that the United States has invested about one hundred billion dollars in the United States space program and that the inauguration of the space shuttle will bring the second great era of the space age. He stated that the most paradoxical and exciting thing about the shuttle is that "it will make our use of space in the future routine and perhaps not very exciting. . . ." Routine it may not become for perhaps a generation, but exciting it will almost certainly be from the …

The Operator's Liability With Regard To Transport Of Goods By Space Shuttle, I.H. Ph. Diederiks-Verschoor

Akron Law Review

The Convention on International Liability for Damage Caused by Space Object3 covers only the damage caused to third parties and objects in space. A parallel to the Warsaw Convention of 1929 which regulates the liability of air carriers for injury to transported passengers, luggage and goods, and also for delay in delivery, has not been established in space law. Until now there was no need for such a Convention. With the development of the transportation of goods in space, however, legal rules governing this liability will become desirable, if not necessary.

Uncrashworthy Aircraft And The Manufacturer's Liability, Robert Kent

Akron Law Review

The concept of crashworthiness has now been accepted by a resounding majority of states if not all states. Although widely used since Larsen in automobile crash cases, crashworthiness has only recently been successfully applied to the aircraft. Perhaps this foreshadows the future. The automobile differs only slightly from the helicopter and the airplane. All are products; all are accepted modes of transportation; and all may be designed to be reasonably safe. The doctrine of crashworthiness has been so widely accepted with respect to the automobile that the time has now arrived for the doctrine to be accepted in the field …

Lease, Charter And Interchange Of Aircraft: A Governmental Perspective, John T. Stewart Jr.

Akron Law Review

The problems concerning the responsibility of the State of registry with respect to its aircraft which are operated by an operator whose nationality is of another State are primarily jurisdictional in nature. In dealing with them international focus has been upon safety, criminal jurisdiction, property rights in aircraft, and to some extent the responsibilities for damages resulting from the operation of the aircraft which cloak both the State of registry and the State of the operator. What follows outlines briefly the various approaches used by the international legal community to resolve the problems associated with aircraft leases and will be …

A Proposal For A Commissioned Corps Of Space Travelers, Paul F. Adams

Akron Law Review

The exploitive capabilities of the Space Shuttle include its ability to function as a reconnaissance or navigational satellite, a repair or resupply station for other satellites, or as a base station for building large structures in space. Additionally, senior officials of NASA strongly support the establishment of a permanently manned space station, of which shuttle technological capabilities would be an integral part. I As astronaut Robert Crippen said after the maiden flight of Columbia: "We are really in the space business to stay." While the new space technology is undergoing refinement and the imagination is simultaneously developing virtually unlimited uses …

Hazardous Biological Activities In Outer Space, Philip Mcgarrigle

Akron Law Review

The purpose of this article is to focus on space acts that may be classified as ultrahazardous (specifically microbiological research) and to discuss how these activities are or will be affected by current or future legal regulations. Legal standards from both a United States and an international perspective will be discussed.

The Common Interest In The Exploration, Use And Exploitation Of Outer Space For Peaceful Purposes: The Soviet-American Dilemma, Carl Q. Christol

Akron Law Review

It may be supposed that the final disposition of the use of anti-satellite satellites (ASAT) will take the form of an international agreement which would prescribe required conduct and which would meet the national interests of the signatories. Some attention might be given to a possible alternative. One suggestion is for each of the superpowers to announce that it will pursue a given policy provided the same policy is adhered to by the other. Or, perhaps the promulgation of a national position, for example, a moratorium on ASAT launches, if rigorously adhered to by the other State, might lead to …